Blog

Consumer Guarantees Act 1993

Published 21 Nov 2024

The CGA protects consumers by allowing you to seek repairs, replacements, or refunds when goods are faulty, and setting minimum guarantees for all products and services. This act applies to all New Zealand businesses and people in trade.

Cracking the Code on CCC’s

Published 14 Oct 2024

A CCC is specifically tied to the building consent it covers. It does not extend beyond this scope to other aspects of the property or any additional work that may have been undertaken without consent.

Trustee Duties

Published 28 Aug 2024

A summary of the main duties and responsibilities of trustees under the Trusts Act 2019

Terms of Trade – Does My Business Need Them?

Published 20 Aug 2024

Without clearly defined terms of trade, your business is navigating without direction

What is Vacant Possession and Why Does It Matter?

Published 13 Apr 2024

When you sell your home, you must provide vacant possession . But what does that mean exactly? And what if you fail to do so?

Kiwisaver: Second-chance withdrawal

Published 07 Apr 2024

Hi iCLAW, I’ve owned a property before, but I didn’t use my KiwiSaver balance to help me with the purchase. I’m about to buy a new property, and was wondering whether I can use my KiwiSaver this time?

Debt Restructuring - Is now a good time to enhance cashflow via a restructure of your debt?

Published 03 Apr 2024

All healthy businesses leverage their balance sheet. Good, productive debt ‘tends to be good for business. Until it’s not…

Shadow directors & employee liability

Published 14 Mar 2024

Employees of a company may be deemed or shadow directors if they have been directly delegated any power or duty of the board, or if they have significant influence over the board's decisions

Why think small, when you can think Briggs.

Published 10 Feb 2024

At iCLAW we refuse to settle for the status quo and small-minded thinking. We believe that law firms have the potential to make a bigger difference for their clients and employees in helping them realise their dreams and aspirations.

Trial Periods, And Practical Tips For Employers

Published 01 Feb 2024

Starting from Saturday, December 23, 2023, employers in New Zealand can hire new employees for a trial period of up to 90 calendar days.

Restraint of Trade – A changing landscape

Published 14 Nov 2023

Employers have been seeking to enforce restraints against ex-employees and Employees have been seeking advice as to whether the restraint of trade in their employment agreement is enforceable.

5 tips to prepare your business for sale

Published 12 Nov 2023

A feature of a successful M&A transaction is in the set-up. Abraham Lincoln said that if he had 24 hours to cut down a tree, he would spend the first 23 sharpening his axe. In the world of M&A, sharpening an axe looks like preparing the business for sale.

Alternative Dispute Resolution (ADR)

Published 15 Oct 2023

Are you in the midst of a dispute, and dread the possibility of having to endure the traditional court system? Luckily, several other options are available to save you time, stress, and money.

Newly engaged? Consider relationship property

Published 05 Oct 2023

As exciting as this new journey is, it is crucial to take a moment and consider the legal aspects of your relationship and what is available to you to safe-guard yourself and the assets you have accumulated prior to the relationship.

Resale Right for Visual Artists Bill 2023

Published 04 Oct 2023

The Resale Right for Visual Artists Bill aims to create an Artist Resale Royalty Scheme, where visual artists receive a percentage of the resale value each time their art is resold.

Cuffing season, separations & relationship property

Published 21 Sep 2023

Cuffing season has come to an end, and the spring surge in separations and divorces has begun.

Main Spiel: Mainzeal's Implication on Directors Duties

Published 24 Aug 2023

The Supreme Court's decision highlights the liability directors may face if they trade while insolvent or enter into contracts without reasonable grounds to believe they can be fulfilled.

Enduring Powers of Attorney (EPOAs)

Published 01 Aug 2023

iCLAW advises that if you think you need a Will, you probably also need to have EPOAs

Do you own a townhouse? Check your insurance.

Published 02 Jul 2023

iCLAW recommends that townhouses with shared walls all be insured by the same insurance company.

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023

Published 15 Jun 2023

The Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 became law on 13 June 2023, giving employees more time to raise Personal Grievances if they involve allegations of sexual harassment.

Theft By Employer Amendment Bill 2023

Published 28 May 2023

On 6 April 2023, the Crimes (Theft by Employer) Amendment Bill 2023 was produced from the ballot in Parliament. This new Bill is proposing to criminalise employers who intentionally fail to make payment of employee entitlements.

New Partner Announcement

Published 24 May 2023

iCLAW is delighted to announce the appointment of two new partners - Seb Bucher and David Gubb, both operating from our Mount Maunganui Office: iCLAW | The Mount Lawyers.

Karin Thomas Lawyers is now iCLAW | Waihi

Published 11 May 2023

We are excited to announce that on 1 April 2023, iCLAW welcomed Karin Thomas Lawyers into the iCLAW family of law firms.

A Guide to Restructuring a Business

Published 30 Mar 2023

Associate Olivia Day and Managing Partner Aasha Foley take you through a quick guide to the process of restructuring a business in 2023

Top 3 Changes to Incorporated Societies

Published 19 Mar 2023

Big changes for incorporated societies took place at the end of 2022! Are you part of an incorporated society? Solicitor Sharnae Aben and Associate Isaac Whatnall have written a quick guide to how these societies are changing.

Withdrawing KiwiSaver Funds for a First Home Purchase

Published 07 Feb 2023

Do you need clarification about Kiwisaver? Want to know how can you withdraw it for your first home? This quick guide by iCLAW Senior Solicitors Jamelle Keatley and Gemma Martin will ensure you easily understand the whole process.

Christmas Shopping – Your Top 3 Rights Under the CGA

Published 30 Nov 2022

With Christmas creeping up quickly, you might feel pressured to get that shopping sorted. Deck the halls and prevent a festive fail by knowing your Top 3 rights under the CGA!

Uber Drivers: Employees or Contractors?

Published 20 Nov 2022

Four Uber drivers were declared employees, rather than contractors, during a recent case. Was this a ground-breaking decision, and will it impact employment law going forward?

Fair Pay Agreements Bill: What changes?

Published 03 Nov 2022

The Fair Pay Agreements (FPA) Bill has passed into law, coming into effect on 1 December 2022 – but what does this mean, and how does it impact yourself or your business?

What the changes to the KiwiBuild programme mean for young families

Published 26 Jul 2022

Good news for young families, the Kiwibuild programme may have finally caught up with reality.

Landed with a Covenant? Here’s what you need to know

Published 19 Jul 2022

You’re looking to buy some land and build the home of your dreams… but what does it mean if there is a covenant on the land?

Fair Trading Amendment Act changes are coming – Make sure your business is ready or risk up to a $600,000 fine.

Published 20 Jun 2022

When was the last time you reviewed your business’s Ts and Cs? If your answer is never, what’s that, or last year, your business nous isn’t as sharp as you might think. She’ll be right… right? Well, she probably isn’t.

Fair play = Fair pay?

Published 13 Jun 2022

All the things I could do… if I had a little money.

Building Contracts: Three things to keep in mind before signing on the dotted line

Published 11 May 2022

Anyone entering into a building contract needs to keep three things front of mind - cost, time and quality.

Mums – we can’t do it all and that’s ok

Published 05 May 2022

With Mother’s Day happening this weekend, Aasha Foley, who currently is on maternity leave, weighs in with an honest reflection on the reality of juggling life as a mum and as managing partner of one of Hamilton’s fastest-growing law firms.

Why we launched an academy for preschool-aged lawyers

Published 25 Apr 2022

We sat down with Sam Douglas, iCLAW partner, to find out why a law firm would go so far with an April Fool’s joke (aren’t we supposed to be serious lawyers?).

Epic iCLAW projects: One Cook Street with Black & Orange

Published 06 Apr 2022

Do epic sh*t probably sounds like a tagline for Redbull. But we reckon it applies to us at iCLAW too.

Taylor Swift vs The Big Machine: what’s this copyright fight really about?

Published 03 Apr 2022

Love or hate her, Taylor has held constant attention in pop culture from 2006 at the age of sixteen when she burst into mainstream radio. So, what’s the deal with the new recordings?

We will survive inflation – we’ve been here before

Published 24 Mar 2022

Inflation is THE topic of the minute. After many years of trundling along, it has caught up to us. Human beings are not built for unstable environments, as the recent queues at gas stations demonstrated.

Are wars even legal?

Published 17 Mar 2022

Like many, we have been watching the current situation in Ukraine in horror. International law is murky at the best of times, but we’ve answered some of the big questions about the legality of war.

Opinion: Covid means hard choices for businesses. But there is hope

Published 16 Mar 2022

Businesses have some tough decisions to make right now – if they haven’t had to make them already. iCLAW Partner, Owen Culliney, put pen to paper to discuss those tough decisions and what lies on the other side.

Flat whites and Netflix are back on the bank statement for first home buyers!

Published 09 Mar 2022

Potential first home buyers were left outraged last year when the Government enacted stricter requirements for the Credit Contracts and Consumer Finance Act. But change is on the way!

iCLAW’s ‘21/’22 must-read, listen and watch list

Published 22 Dec 2021

Wondering what our team reads/listens to/watches in their spare time? We’ve made a list of our 2021/2022 summer plans right here, just for you.

Ready to build a third storey under the new RMA rules? Check your covenants first.

Published 22 Nov 2021

The RMA has recently been amended to include some welcome changes to help make property development and house building a bit easier for all. But there’s one thing that might stop the process, and that thing is a land covenant.

Changes to Company Director Duties

Published 07 Nov 2021

The Government can’t stop you from making a dumb decision as a company director, but this new Bill might help inform your decisions for the future.

Vexed by Anti-Vax? 7 Pointers for Employers and 5G Enthusiasts

Published 14 Oct 2021

Here’s some ‘need-to-knows’ on what you as an employer can and can’t do when it comes to vaccines in the workplace.

First Home Partner Scheme: the ticket to a new home for first home buyers?

Published 11 Oct 2021

How can first home buyers get on the ladder? A new Government scheme in partnership with Kainga Ora might just be the ticket. Here’s what you need to know about the First Home Partner scheme.

How to Deal with Leasing Commercial Property in a Pandemic

Published 27 Sep 2021

As there is no handbook on ‘how to deal with leasing commercial property in a pandemic’, tenants, landlords and lawyers alike have been left to navigate a new territory of commercial property law that comes with the COVID-19 pandemic.

#FreeBritney – How would a conservatorship work in NZ?

Published 29 Aug 2021

If you have not heard about Ms Spears’ battle with her dad and a veritable litany of litigators, then you’ve been under a rock. Those non-rock dwellers will no doubt have wondered what on earth a conservatorship is and whether it could happen in Aotearoa.

What You Need to Know About the August Wage Subsidy Scheme as an Employer and Employee

Published 24 Aug 2021

If you’re an employer, sole trader, or an employee of a business, you might not be sure of what this means for you or what you’re eligible for. We’ve broken down the ‘need-to-knows’ for you below.

Financial Support Available for Businesses - NZ's COVID-19 Response

Published 24 Aug 2021

Owning a business can be difficult at the best of times, let alone during a global pandemic. Thankfully, the New Zealand Government has provided some financial support to help our country get through.

Hamiltron, City of the Future - Changes to development contribution levies

Published 05 Aug 2021

From July 2021, all new builds in Hamilton CBD above six storeys will qualify for a 100% remission on development contribution fees in a bid to encourage developers to transform the CBD and address the accommodation shortage.

Updates to the Incorporated Societies Bill

Published 19 Jul 2021

Are you part of a local sports club, social club, or community group? Groups from golf to pottery could be impacted under the updated incorporated societies bill currently before parliament.

Tips for Avoiding Burnout in 2021

Published 13 May 2021

iCLAW Managing Partner, Aasha Foley, shares her thoughts on a discussion that seems to be everywhere now.

Case Study | The Avenues Apartments

Published 28 Apr 2021

In November 2019, iCLAW set an ambitious goal: to settle $62 million worth of property transactions, an entire South Auckland apartment development, in just one day.

Resurgence Support Payment - March 2021

Published 15 Mar 2021

If your business is facing a reduction in income due to a recent alert level increase, you may be eligible for the RSP - check out this article to learn more.

CCTV Cameras in The Workplace

Published 19 Jan 2021

It’s becoming more and more common to see CCTV systems in the everyday business, workplace and even household. However, security cameras in the workplace can be a tricky thing due to rules set by the Privacy Act, which we talk about in this article.

Changes to the OIA (June 2020)

Published 02 Jul 2020

To protect key New Zealand business assets from unnecessarily falling into foreign ownership while the economy recovers from the impacts of the COVID-19 pandemic, the Government has changed parts of the Overseas Investment Act 2005 (the Act).

Trustee Rights & Obligations

Published 01 Jul 2020

Being a trustee can be tricky, and all trustees need to be aware of their rights and obligations when acting as trustee. Check out this case for more reasons why.

Government takes action to make Business Owners' lives easier

Published 28 Jun 2020

The COVID-19 pandemic has affected many of us and business owners are some of those who are facing a particularly tough and worrying time. However, there is some good news.

iCLAW’s COVID-19 Map

Published 21 Jun 2020

Check out our interactive map that shows how each country approaches the pandemic.

Tenancy Termination Restrictions Lift - RTA June 2020

Published 18 Jun 2020

Next week, the  COVID-19 Response (Urgent Management Measures) Legislation Act 2020 will come to an end and the usual rules of the RTA will apply again.

Rent Relief for Commercial Tenants impacted by COVID-19 - 3rd June 2020 Update

Published 03 Jun 2020

Changes are on the way to help commercial tenants impacted by COVID-19 restrictions.

Interest-Free Loans

Published 24 May 2020

As of 12 May, the government has offered interest-free loans to small and medium businesses who have been impacted by COVID-19.

Insolvency in COVID-19

Published 10 May 2020

The Government has recently announced a number of proposed changes to the Companies Act 1993 to better protect New Zealand businesses during the pandemic.

Signing Wills via Video

Published 16 Apr 2020

The Government has today made temporary changes to the Wills Act 2007 to allow Wills to be signed and witnessed via video conference, while the COVID-19 epidemic notice remains in force.

6 Ways to Improve Your Business During Lockdown

Published 15 Apr 2020

We’ve compiled a list of things that we think business-owners should do to take advantage of this time so as to come out better on the other side.

Relief for Commercial Landlords and Tenants - 15th April 2020 Update

Published 14 Apr 2020

Earlier today the Government announced that it will shortly introduce law to provide minor relief to commercial landlords and tenants during the COVID-19 lockdown, however the changes don’t go as far as many had hoped.

Virtual Meetings – A New Reality

Published 14 Apr 2020

Even while lockdown occurs, the need to hold meetings to discuss significant affairs is still just as important as ever. But what do these meetings look like during COVID times?

Acts allowing Governments to fight COVID-19

Published 06 Apr 2020

COVID-19 has put New Zealand (and the world) in a position, unlike any other. The government has laws and systems in place for an event such as this. Here’s a reassuring summary of the ways in which the law is here to help.

Which Video-Chat System Would Win in a Fight?

Published 05 Apr 2020

There are a lot of online tools that make communication easy. We decided to run our own comparison of the platforms (our opinions only) and pick a winner.

Tenancies during the COVID-19 Lockdown

Published 05 Apr 2020

The Government has clarified perceived ‘grey areas’ in the Residential Tenancy legislation bringing into force amendments of national importance, in an attempt to protect the most vulnerable throughout this lockdown period.

UK and US COVID-19 procedures

Published 05 Apr 2020

What's been happening in the USA and the UK? We've summarized it in this post.

COVID-19 Employer Support

Published 26 Mar 2020

You all know the background to this stuff. We won’t bore you with how we got here or what here is. You’re living it every day. We are too and what is laid out in this blog is stuff that as a business we have had to contend with.

Settlements and COVID-19 Level-4 Lockdown

Published 24 Mar 2020

We’ve heard a lot of people with a lot of different ideas about what happens to sales, purchases and other transaction while New Zealand remains in lockdown – and we want to clear the air.

Lockdown Effects on Commercial Leases.

Published 24 Mar 2020

Renting your business premises? If you have a modern lease your rent should be reduced during the COVID-19 Lockdown.

FPA's - What You Need to Know.

Published 10 Feb 2020

FPA stands for Fair Pay Agreement. Over the past few decades, New Zealand’s productivity growth has been poor - but that's where FPA's step in.

Brexit Day is here.

Published 30 Jan 2020

If you’ve watched the news as of late, you are bound to have seen stories about Brexit. ‘Brexit Day’ is here and with Britain’s exit from the EU comes new laws and unnavigated territory.

Employment Relations Act - Do You Meet The Requirements?

Published 22 Jan 2020

The Employment Relations Act 2000 governs the relationship between employer and employee. The Labour government sought last year to make changes to the Employment Relations Act 2000 through the Employment Relations Amendment Act 2018.

A Day Trip to Singapore

Published 02 Dec 2019

As a kiwi born to immigrants, I have always had an eye on the world, but looking at the world is not sufficient. I want to help my clients conquer it.

Overpaid Wages

Published 11 Nov 2019

Did you know that the act of keeping an unnecessarily overpaid wage is theft?

Extended Warranties and The Consumer Guarantees Act: Are you throwing your money away?

Published 30 Oct 2019

Scenario: You’re buying a shiny new top-of-the-range television with a two-year warranty. The salesperson asks if you would like an extended five-year warranty for only $249.95 extra. Sounds sensible, right?

Challenging the Terms of a Will

Published 10 Oct 2019

The death of a loved one can be traumatic. Feelings of grief can be compounded when the Will is read and someone who was close to the deceased feels that they have been ‘left out’.

Pool Regulations

Published 20 Sep 2019

With Summer in full swing, it is time to talk about a Kiwi summer staple - the pool.

Riding home from the pub

Published 28 Jun 2019

Have you ever driven yourself to the pub for a few drinks (and a few laughs) with some friends, and then after a few hours, you suddenly find yourself too...

Changes to the OIA

Published 28 Jun 2019

On the 22nd of August 2018, the OIA introduced some changes to the act, which includes a restriction on foreign...

Shareholder's Agreement

Published 28 Jun 2019

A Shareholders’ Agreement is a contract between the shareholders of a company. While it is not compulsory, a Shareholders’ Agreement is good way to provide...